The Research Of Indirect Victim Spiritual Damage Compensation

With the improvement of material living standards, the public increasingly concerned about their own spiritual interests. The mental damage compensation is particularly important. Mental damage expands from direct victims to the indirect victims. For indirect victim mental damage compensation problems, person died because of tort, and indirect victim suffering from the mental damage can get the mental damage compensation. This is the world of innocence of legislation. However, the health and spouse right of the direct victims were severely damaged, whether the indirect victim may request the mental damage compensation. This article begins with the fundamental theory of the indirect victim spiritual damage compensation, and concretely analyzed the types of the indirect victim spiritual damage compensation. At last, this article profits from the overseas experience in legislation, and brings forward some advices aiming at China's legislative situation. I hope that this article would benefit the development and perfection of our country indirect victim spiritual damage compensation system. This paper is divided into four parts.In the first part, I will analyze indirect victim spiritual damage compensation's theoretical basis, which including concepts and properties. Indirect victim spiritual damage is called reflective mental damage. Because direct victims rights infringement to be damaged, which cause a third person suffer mental damage. For indirect victim mental damage's properties, academia has three kinds of viewpoint. The author thinks that its nature should be indirect damage.In the second part, I will discuss the constituents of indirect victim mental damage compensation. From illegal act, the facts of damages, causal relationships and subjective fault, I analyze and research indirect victim mental damage.In the third part, I will discuss indirect victim spirit damages'claim types. For example, the direct victim's right of life and health right be infringed, the dead personality be infringed, and the right of spouses and guardianship be violated, indirect victims can request the mental damage compensation. Meanwhile it introduces the related law and academic theory, the common law on "the third party shock damage" should be included in the category of indirect protection for victims in China.In the fourth part, I will analyze indirect victim spiritual damage compensation system's present situation, and propose some suggestions. The provisions of the laws in China are very little, and relevant regulations are more conservative. It mainly includes that limited extent of claim subject, narrow protect object scope and no definite range and restrictions. Aiming at the above-mentioned problems, the author puts forward some suggestions. Firstly, the protection of the object scope should be restricted expand. The right of health and spouse will be included in the scope of protection object. Secondly, the scope of subject should be restricted expand. In addition to direct victims near relatives outside, nearly relatives other than with direct victims have raised relations, fetus listed in indirect victim main area. Thirdly, we should use for reference foreign legislation and cases, and establish China's third party shock damage compensation system. The third person is no identity relations with direct victims, he had witnessed the accident happened. The acquisition of spiritual damage compensation should be strictly restricted. Fourthly, we should clear the scope and restrictions of indirect victim mental damage compensation.